Can SC woman retain caste after marrying a Muslim man?
Can a Scheduled Caste female who marries a Muslim man retain her Hindu religious and caste identity? The Act does not explicitly address this. Sections 19, 20, 21, and 21A talk about inheritance or succession rights for marriages solemnized under this Act, and Section 20 refers to the Caste Disabilities Removal Act, 1850, which grants such rights even if one loses their religion or caste. However, for marriages registered under Section 15 (registration of marriages celebrated in other forms), either party must convert to the other’s religion for succession and other related rights. Matters like restitution of conjugal rights and judicial separation must be addressed through personal laws. Please provide an analytical explanation based on fundamental rights under statutory and constitutional laws. Consider how these rights may be restricted in the interest of the public and society. Please avoid using case law references, as the judiciary’s role is to interpret, not to make laws.
A Scheduled Caste woman marrying a Muslim under the Special Marriage Act keeps her Hindu and caste identity. Section 20 with the Caste Disabilities Removal Act protects property and succession rights. Inheritance is under the Indian Succession Act, except when both spouses are Hindus, Sikhs, Buddhists, or Jains. Articles 14, 15, 21, 25 ensure equality and religious freedom, with limits for public order. For further legal assistance contact us on our helpline number.
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